Terms of Use


Last revised – Jul 18, 2016

These Terms of Use govern the website: https://www.uncrowdit.com (the "Website") and services made available to you through the Website by Widiem Dot Com Ltd. ("the Company", "we", "our" or "us"). These Terms of Use contain the terms and provisions applicable to your access to and use of the Website and any other feature, service, content, tool or application offered from time to time by us that post a link to these Terms of Use (the "Applications", and together with the Website, the "Services"). Your use of the Services is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.

1. Definitions

In these Terms of Use, we refer to those advertising fundraising campaigns as "Campaign Owners", and to the fundraising campaigns they are advertising as "Campaigns". We refer to those offering services to Campaign Owners as "Partners", and to the services they are offering as "Partnership Services". Campaign Owners, Partners and other visitors to the Services are referred to collectively as "Users". We refer to the online venues and platforms or personal websites via which Campaign Owners and Partners accept funds for Campaigns or offer Partnership Services as the "Host Sites".

2. Acceptance of Terms

By accessing the Services, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use the Services. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website. Your continued access or use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. If you are less than eighteen years old, you are prohibited from registering for, or using the Services without parental consent, so if you are using the Services you agree that you are either at least 18 years old or have parental consent for using the Services. Notwithstanding the foregoing, in case you are less than thirteen years old you are strictly prohibited from using the Services. By using the Services, you warrant to us that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Services are designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Services is inappropriate for your child.

3. Registration and Fees

You may be required to register through the Website in order to access and use certain features of the Services. You hereby confirm that you provide true, accurate, complete and current details in the registration form. Any identifiable information retrieved by us through and/or following the registration process will be kept by us in accordance with our Privacy Policy. We reserve the right to deny or refuse any registration form or to cancel any existing accounts. Certain of our Services may require payment as will be indicated with respect to such Service ("Paid Services"). When you use a Paid Service, you have an opportunity to review and accept the fees that you will be charged. Fees for Paid Services are payable directly to our third party payment processors. Users acknowledge that by registering for a Paid Service, the User is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Use. Fees for Paid Services will be charged immediately. Any and all payments made in connection with the Paid Services shall be non-refundable for any reason whether you used the Paid Services in whole or in part or have not used them at all.

4. Services

We have developed unique and proprietary Services that, among other features, are designed to provide a platform for Campaign Owners to advertise their Campaign to Partners, and are designed to provide a platform for Partners to offer Partnership Services to Campaign Owners.
Any and all transactions between you and any User or you any Host Site, and any other term, condition, warranty or representation associated with any such transaction, is solely between you and the User or between you and the applicable Host Site. By accessing the Services, you acknowledge that the Company is not a party to any agreement between Users or between any User and a Host Site, and you agree that the Company has no liability, obligation or responsibility for any such agreement. Because we have no control over any transactions or agreements between Users or between any User and a Host Site, we cannot and do not represent that funds will be used as described in the Campaign, or that Partnership Services will be provided as promised. The Company is under no obligation to become involved in disputes between Users or between any User and a Host Site. WE ENCOURAGE USERS TO BE AWARE OF WHEN THEY LEAVE THE SERVICES, AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF ANY HOST SITE OR SERVICE THAT THEY VISIT.
You acknowledge that we are providing you links to the Host Sites only as a convenience, and you agree that such links do not constitute an endorsement by us of any such sites, and that we are not responsible for the content or links displayed on such sites to which you may be linked. The Company is not a broker, agent, financial institution, creditor or insurer for any User. ACCESS AND USE OF HOST SITES, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH HOST SITES IS SOLELY AT YOUR OWN RISK.
We make no representations about the quality, veracity, safety, morality or legality of any Campaign or Partnership Services or the conduct of any Campaign Owner or Partner. We do not personally endorse any Campaign, Campaign Owner, Partner or Partnership Services. IT IS YOUR SOLE RESPONSIBILITY TO ASSESS THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ANY CAMPAIGN OR PARTNERSHIP SERVICES.
By using the Services, you will not:
  1. Violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  2. Promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, nationality, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  3. Advertise Campaigns or Partnership Services relating to any form of gambling, any form of weapons, ammunition and related accessories, any form of pornography, human trafficking or exploitation, or any form of harm or risk of harm to individuals or animals;
  4. Advertise Campaigns or Partnership Services that are offered on Host Sites that do not conform with the previous three conditions;
  5. Use our sites, services, or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools;
  6. Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
  7. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  8. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  9. Distribute viruses or any other technologies that may harm, manipulate, extract unauthorized information from the Services, or the interests or property of Users of the Services;
  10. Engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
  11. Take any action that imposes, in our sole discretion, an unreasonable load on our infrastructure;
  12. Copy, modify, mine data or distribute rights or content from the Services or our copyrights and trademarks;
  13. Impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
  14. Harvest or otherwise collect information about Users, including email addresses, without their consent; or
  15. Use any crawlers, bots, algorithms or other automatic applications or codes in order to retrieve and collect information through our Services.
We reserve the right, in our sole discretion, to cancel accounts for such activities. The Services are not available to temporarily or indefinitely suspended Users. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
We are under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner or Partner. Notwithstanding, in the event of a dispute regarding Campaign or Partnership Services ownership, we reserve the right to request documentation to determine or confirm Campaign or Partnership Services Ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, driver's license, etc.

5. Privacy

We may collect certain information about Users and third parties. Accordingly, you should review the terms and conditions of our Privacy Policy, by which you agree to be bound as a condition of visiting the Website and/or using the Services. The Privacy Policy is incorporated by reference into these Terms of Use.

6. Campaign Owners' and Partners' Data Security Obligations

Campaign Owners and Partners who raise funds for their Campaigns and offer their Partnership Services on their own independently run Host Sites ("Independent Campaigners" and "Independent Partners", as applicable) are responsible for maintaining commercially reasonable administrative, technical, and physical procedures to protect all the personal information of Users in their possession from unauthorized access and accidental loss or modification. Independent Campaigners and Partners are fully responsible for the security of data on their Host Sites, through their apps, or otherwise in their possession. Independent Campaigners and Partners agree to comply with all applicable state and federal laws and rules in connection with their collection, security and dissemination of any personal, financial, credit card, or transaction information on their Host Sites or through their apps.

7. Copyright

With the exception of User Content as defined in Section 9 below, all content and material included on this Website and Applications, such as, but not limited to, information, technology, layout, images, illustrations, photographs, articles, posts, text, graphics, logos, button icons, audio clips, music, sounds, videos and URLs, are the sole and exclusive property of the Company and are protected by copyright laws. The arrangement and compilation of all content and material on this Website and Applications (including source and object code) are the exclusive property of the Company and are protected by copyright laws. All Applications used on this Website are the property of the Company or its Applications suppliers and are protected by copyright laws.

8. Trademarks

Certain marks used on our Services are our registered trademarks or service marks, owned by our suppliers or partners worldwide. Certain graphics, logos, page headers, button icons, scripts, and service names are our trademarks or service marks or owned by our suppliers, partners or affiliates. By agreeing to these Terms of Use you authorize the Company to potentially list your company as a customer and to use your company’s logo for promotional purposes. If you wish to opt-out of this pre-authorization please email contact-us@uncrowdit.com. Our trademarks and service marks may not be used for any commercial or other purposes by any party without our prior written express consent. All other trademarks and service marks not owned by us that appear on this Website and Applications are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

9. User Content

While using the Services, you may post photos, videos, images, illustrations, graphics, logos artwork, other audio or visual materials, files, text, comments, questions, responses, suggestions, ratings, reviews, data, or personally identifiable information (collectively, "User Content"). You grant the Company a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content on or in connection with the Services and our related marketing and promotional activities. You represent and warrant you have the power and authority to provide such User Content without any further permissions and without violating the proprietary rights, including intellectual property rights of any third party. User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms of Use or applicable law. You are solely responsible for registering and enforcing your intellectual property.
You agree to the following conditions:
  1. All information and materials you provide in connection with a Campaign or Partnership Services is accurate, complete, and not otherwise designed to mislead, defraud or deceive any User;
  2. You will not post comments, replies to comments, or links to sites that are likely to be offensive or cause emotional distress;
  3. You will not include any visual element in connection with a Campaign or Partnership Services that incorporates Website colors or branding elements, including but not limited to logos, colored frames, borders or badges;
  4. You will not include any visual element in connection with a Campaign or Partnership Services that could be interpreted to have been produced by the Company, including but not limited to banners, progress bars or funding stats, or that communicates endorsement by the Company;
  5. The information you display on the Host Site shall not contradict the information you display on the Website.
You are solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use via the Services. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or other communications posted via the Services or endorse any opinions expressed via the Services, and you understand and acknowledge that the Company is not liable for any damages or losses in this regard. The Company will not be liable for any errors or omissions in any User Content. ANY USE OR RELIANCE ON ANY USER CONTENT POSTED VIA THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS DONE SO AT YOUR OWN RISK. We have no obligation to post any User Content from you or anyone else. In addition, you acknowledge that we have the right, but not the obligation, in our sole and unfettered discretion, to edit, remove or delete any User Content that you post or submit.

10. Permitted Use

We grant you a limited, revocable, non-exclusive, non-assignable, non-transferable license to access and make personal use of the Services, subject to your eligibility and continued compliance with these Terms of Use. The Services, in whole or in part, may not be reproduced, duplicated, copied, modified, distributed, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written express consent. You will not:
  1. Use the Services for any purposes other than the purpose expressly allowed by us herein;
  2. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials or content contained in the Services;
  3. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  4. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content or materials accessible through the Services, or features that enforce limitations on the use of the Services;
  5. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or the Applications or any part thereof;
  6. Modify, adapt, translate or create derivative works based upon the Services; the content of the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law;
  7. Intentionally interfere with or damage operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or
  8. Use the Services in order to provide similar services to any third party or for competing with our Service.

11. Third Party Services

The Services may provide, or Users may provide, links to World Wide Web sites or resources ("Third Party Material"). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

12. Electronic Communications

When you visit our Services, contact us through the Contact Us page, or send e-mails to us, you are communicating with us electronically. We therefore take this as your consent to receive communications from us electronically. By doing so you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing. You agree to notify us of any changes in your contact details.

13. Site information

The information contained on the Website and Services is for information purposes only. It is believed to be reliable; however we do not warrant its completeness, timeliness or accuracy.

14. Site Policies, Modification, and Severability

We reserve the right to discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We reserve the right to make changes to our Services, policies, and our Terms of Use at any time and in our sole discretion and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use, and you should review those policies, terms and conditions each time you visit the Website or use the Services. Without derogating from the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website. Notwithstanding, changes to our Privacy Policy, regarding information we may collect or use or disclosure of collected information, shall only take effect when posting notice of such changes on the Website. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

15. Indemnity

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms of Use, or violation of any laws or the rights of a third party. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.

16. Disclaimer of Warranties and Limitation of Liability

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE AND/OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR APPLICATIONS INCLUDED ON THE SERVICES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICES AND THE CONTENT THEREIN ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, DEVICE VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN OUR SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. CERTAIN PROVINCIAL AND/OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Termination and Survival

Termination may result in the forfeiture and destruction of all information associated with your account. You may cancel your account by following the instructions on your account dashboard, by contacting us through the Contact Us page or by emailing contact-us@uncrowdit.com, but we may retain your account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Dispute Resolution and Governing Law

By visiting the Website or using the Services, you agree that the laws of Tel Aviv, without regard to principles of conflict of laws, will govern these Terms of Use. To facilitate the resolution of any dispute arising from the Terms of Use or the use or misuse of the Website and/or Services, you and the Company agree to first attempt to resolve the dispute informally for at least 30 (thirty) days. If this fails, you and the Company agree to resolve the dispute exclusively through final and binding arbitration, rather than in court. The arbitration shall be conducted in Tel Aviv according to UNCITRAL Rules of Arbitration. The award will be given within 90 (ninety) days and shall be enforceable in the country of domicile of the party against which it is enforced and in any country where such party conducts business. You and the Company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be subject to the exclusive jurisdiction of the competent courts in the district of Tel Aviv. Each party hereby waives any claim that such venue is improper or inconvenient.

19. Miscellaneous

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if made in writing and signed by us.